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International and European Protection of the Right to StrikeA Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union$

Tonia Novitz

Print publication date: 2003

Print ISBN-13: 9780198298540

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298540.001.0001

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(p.380) Appendix 7: EU Charter of Fundamental Rights 2000, Articles 12, 28, 51, and 52

(p.380) Appendix 7: EU Charter of Fundamental Rights 2000, Articles 12, 28, 51, and 52

Source:
International and European Protection of the Right to Strike
Publisher:
Oxford University Press

Article 12

Freedom of assembly and of association

  1. 1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and join trade unions for the protection of his or her interests.

  2. 2. Political parties at Union level contribute to expressing the political will of the citizens of the Union.

Article 28

Right of collective bargaining and action

Workers and employers, or their respective organisations, have, in accordance with Community law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest to take collective action to defend their interests, including strike action.

Article 51

Scope

  1. 1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. They shall therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers.

  2. 2. This Charter does not establish any new power or task for the Community or the Union, or modify powers and tasks defined by the Treaties.

Article 52

Scope of guaranteed rights

  1. 1. Any limitation of the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made (p.381) only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.

  2. 2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on European Union shall be exercised under the conditions and within the limits defined by those Treaties.

  3. 3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down in the said Convention. This provision shall not prevent Union law providing more extensive protection.